ARJUN KUMAR SINGH, SON OF LATE RAM YAGYA SINGH, RESIDENT OF VILLAGE PAKARDIH, P.O. AND P.S. Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In the instant writ application, the petitioner has inter alia prayed for issuance of an appropriate writ/direction for quashing the order dated 15.09.2010 as contained in Memo No. 2518/M, Ranchi issued by the Under Secretary, Department of Mines and Geology, Government of Jharkhand (Respondent No. 3), pertaining to imposition of punishment of reduction of grade pay from Rs. 6600.00 to 4800.00 on initial basic pay scale of Rs.9300.00 from basic pay scale of Rs. 24,192.00 thereby causing loss of basic pay of Rs.14,892.00 per month and for further direction upon the respondent authorities to release the full salary including subsistence allowance for the period spent under suspension.

(2.) During the pendency of the writ petition, an Interlocutory application bearing I.A. No. 4119 of 2010, seeking necessary amendment, formal in nature, was allowed vide order dated 06.12.2010.

(3.) Sans details, the facts as disclosed in the writ application, is that, the petitioner joined the service of the respondent (the then State of Bihar) on the post of Mines Inspector in the year 1977. It has been averred in the writ application that the petitioner was posted as Assistant Mining Officer, Bokaro on 21.07.2009 and the petitioner was allegedly apprehended for receiving illegal gratification. Pursuant thereto, a case under Sec. 7/13 (2) read with Sec. 13 (1) (d) of the Prevention of Corruption Act was instituted against the petitioner. It has been stated that the petitioner was placed under suspension in contemplation of initiation of departmental proceeding against the petitioner vide order dated 21.08.2009. Articles of charges against the petitioner were framed on 17.12.2009. Vide Notification dated 17.12.2009, the departmental proceeding was also initiated and the Presiding Officer as well as the Enquiry Officer was appointed. Thereafter the enquiry was conducted and the enquiry officer submitted the enquiry report vide his letter dated 3.3.2010 in terms of which the allegation against the petitioner were not found to be proved. It has been stated that the copy of the enquiry report was not served upon the petitioner, rather the petitioner has obtained the same under the provisions of Right to Information Act on 17th Aug., 2010. It has been stated that however, the respondents disagreed with the finding of the enquiry officer and served a second show-cause upon the petitioner, directing him to submit his 2nd show-cause reply within 10 days. It has been further averred that the petitioner submitted representation to the respondent no.2 on 18.8.2010, requesting for extending time to furnish the reply as well as requested the respondents to furnish certain documents, which would be necessary for proper reply to the show cause. It has been stated that the respondents have not provided time to the petitioner and no order was passed on the representation of the petitioner for extension of time to furnish the reply to the 2nd show cause. Thereafter vide the impugned order dated 15.09.2010 as contained in Memo No. 2518/M, Ranchi, the Under Secretary, Department of Mines and Geology, Government of Jharkhand (Respondent No. 3) passed the order imposing punishment of reduction of grade pay from Rs. 6600.00 to 4800.00 on initial basic pay scale of Rs.9300.00 from basic pay scale of Rs. 24,192.00 thereby causing loss of basic pay of Rs.14,892.00 per month to the petitioner. In the said order, it is also indicated that payment regarding subsistence allowance would be made only after disposal of the Vigilance P.S. Case No. 14 of 2009. Left with no other efficacious, alternative and speedy remedy, the petitioner has been constrained to approach this Court invoking the extraordinary jurisdiction of this Court under article 226 of the Constitution of India for redressal of his grievances.